TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, August 22, 2007
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Glenn Santos, Vice Chairman
Dr. Lewis Mantel, Clerk
Chairman Lucy Burton called the meeting to order at 7:02 PM.
APPOINTMENTS
7:15 PM – 140 Walton Heath Way – BSS Design
Tom Bunker, land surveyor with BSS Design, introduced himself to the Board. Mr. Bunker stated that Marjorie Mann, applicant of the nitrogen aggregation plan, wishes to transfer all of the available nitrogen credits (1.80) from the Credit Property at 8 Pequot Avenue to the Facility Property at 140 Walton Heath Way. This would leave the Credit Property with 0 nitrogen credits and the Facility Property with 3.443 nitrogen credits which is enough for 3.43 bedrooms. BSS is requesting that the applicant be allowed to have three bedrooms at 140 Walton Heath Way.
Glen Harrington noted that there is no driveway shown on the plan. Also, under note #6 the plan refers to Pequot Road. It should be Pequot Avenue.
Glenn Santos made a motion to approve the plans dated 8/15/07 with the stipulation that all standard deed requirements be taken care of. If there is any change to the building itself, and if the driveway is anywhere near the system, the Health Agent will need to approve the changes. Lewis Mantel seconded the motion. All approved.
7:30 PM – 239 Wheeler Rd./Irrigation Well – Gary Degon
Gary Degon was a no-show. Glen Harrington reported that Gary Degon has filed a request to install a domestic well for irrigation purposes. The BOH regulation states it must be in an area with no, or no suspected contamination. Glen stated that there was historic contamination in this area. Since 2001 they have not found anything above drinking water with contamination. There are two other small areas that are under land use controls. The Board has seen one other request at 196 Wheeler Road and in 2003 contacted the Military who said that the irrigation well, because of the depth of the historic contamination, would not be a problem. The Board approved the well but did put limitations on the depth of the well and also required BOC testing to be done. In October 2006 the Military
reported no more measurable plume in this area. DEP confirmed these reports.
Lewis Mantel made a motion to approve the request for 239 Wheeler Road to install a well for irrigation purposes with the limitation of the well depth and the required amount of specified monitoring. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approval of Minutes of August 8, 2007
The following corrections were made to the minutes:
1. Page 1, under 7:30 PM-Joseph Gatto, line 6, second sentence, change the word they to the words the homeowners.
2. Page 2, under 7:45 PM – John Doyle, second paragraph, line 1, change the word sledge to Sludge.
3. Page 2, under 7:45 PM – John Doyle, third paragraph, line 3, insert the word sampling after the word quarterly.
4. Page 2, under NEW BUSINESS, Approval of Executive Session Minutes, line 2, change the words next BOH meeting to the fall.
5. Page 3, under 5. Review and Approval of Subdivision Plans, line 3, change the words Planning Board to DEP.
6. Page 3, under DISCUSSION, 1. 492 Cotuit Road, line 3, delete the words electricity and, and on line 4, change the word have to has.
Lewis Mantel made a motion to approve as corrected the minutes of the BOH meeting held on August 8, 2007. Glenn Santos seconded the motion. All approved.
Glenn Santos made a motion to put 570 Old Barnstable Road on the agenda under OLD BUSINESS. Lucy Burton seconded the motion. All approved.
3. 570 Old Barnstable Road
Glen Harrington reported that the septic for the front building to 570 Old Barnstable Road has failed. Brian Dudley, DEP, is in favor of hooking the property into the high school system. Glen stated that the School Committee is trying to get a waste water treatment plant at the high school. The question is whether to do a temporary fix and repair the system in the front building until the high school gets a waste water treatment plant. The School Committee right now is trying to have the sewer commission be in charge of the water treatment plant. There are also discussions about not keeping the water treatment plant.
Glenn Santos stated that the Title V regulation requires failed septic systems to be repaired. Pumping the system every two weeks is not considered a repair. Hooking the property into the high school system is a long term fix down the road. Glenn Santos recommended that the BOH treat the issue as an emergency.
Glenn Santos made a motion that 570 Old Barnstable Road be required to do an emergency repair immediately to solve the failed septic system. The Health Agents will communicate with the Housing Authority and encourage them to do as much as possible over the long term, to tie the property’s septic system into the high school septic system. Lewis Mantel seconded the motion. All approved.
OLD BUSINESS
1. 492 Cotuit Road
Glen Harrington stated that per the discussion by the BOH at their last meeting, he did post the house at 492 Cotuit Road and send notices to the Bank of New York that there was a foreclosure. At this time the water has been shut off, and there were violations observed that were considered to be hazardous. Glen Harrington recommended that the Board issue a finding that the property is unfit for habitation and order a condemnation of the property.
Lewis Mantel made a motion that the Board issue a finding that the property at 492 Cotuit Road is unfit for habitation, and order a condemnation of the property. Glenn Santos seconded the motion. All approved.
2. 38 Shorewood Road.
Glen Harrington stated that the property has not been taken over by the bank, but is still owned by Timothy and Catherine Rose. Notices have been sent to the banks that hold mortgages on the property. Glen Harrington recommended that the Sheriff be asked to deliver notice to the owners that the property will be condemned. Inspection by Health Agents on August 3, 2007 observed conditions that may materially impair the health, safety and well being of the occupants.
A letter dated 8/09/07 from the Mashpee Board of Health to Mr. & Mrs. Rose informed them of their right to request a hearing before the BOH. No such request was received.
George Rickenbacker, 34 Shorewood Drive, introduced himself to the Board. He stated that he was the owner of property next door to 38 Shorewood Drive, and was inquiring about the disposition of the property at 38 Shorewood Drive. Glen Harrington explained the step by step process, the first step being the notification by the BOH to the owners that the property was being condemned. Glen may have to get a court order in order to enter the house and take possession. There is a regulatory process that must be followed, and the outcome of the final disposition of the property may take as long as one year.
Glenn Santos made a motion that the BOH notify the Sheriff’s department to hand deliver a cerfified notification to the property owners of 38 Shorewood Drive that the property has been condemned by the BOH. Lewis Mantel seconded the motion. All approved.
3. Question Re: Monitoring Contract – Glenn Santos
Glenn Santos asked a question about the cost of the monitoring contract. Glen Harrington stated that it was $17,910. Glenn Santos cited Chapter 30B, and asked whether other bidders were informed of the change in price of the contract. Glen Harrington stated that it was not a matter of negotiation. The increase in cost was a result of additional sampling that was required.
DISCUSSION
1. 30 Valley Road – FYI
An installer came in who was unlicensed in Mashpee, essentially working under someone else who was licensed.
2. KI Pill Distribution
Glen Harrington reported that he asked Town Counsel to review both over the counter and door to door programs of the pill. Public participation at this time is at 6%, and is unacceptable to the BOH. Glen would like to come up with a volunteer distribution program, doing door to door delivery of the pills. Volunteer crews can be used for flu vaccine distribution at a later date.
Lewis Mantel mentioned a major concern now regarding hypertension among school children. Some sort of volunteer program also could be set up for blood pressure monitoring in the schools.
3. Allied Waste & Upper Cape Regional Transfer Station
Glen Harrington stated that in May 2007, Catherine Laurent had notified the BOH about the Allied Waste violation of the Upper Cape Regional Transfer Station regulation: they are not tipping their waste at our facility. Glen Harrington reported that he had met with Town Counsel Monday, and that he was working on the problem. The Board agreed that response by the Town to the violation needs to be formalized: the regulation needs to be enforced.
4. Swimming Pool Push Button Communication
Glen Harrington reported that right now there are several pools in town that have push button communication that goes to an alarm company when help is needed. These pools do not provide poolside help nor is 911 notified of an emergency. Glen Harrington stated that push button communication from pools is not legal. The BOH needs to get it in writing from the State Department of Public Health. Lewis Mantel agreed that we need to clarify with the State that push buttons are not legal and then notify all pool owners in writing of the regulation.
As there was no further business, the meeting was adjourned at 7:55 pM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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